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Natural Resources Defense Council v. Ruckelshaus

ELR Citation: 13 ELR 20789
Nos. No. 82-2137, (D.D.C., 07/26/1983) Settlement agreement approved

The court approves a settlement agreement resolving litigation over Clean Air Act implementation plans governing airborne lead pollution. The parties agree that as of July 30, 1982, the Environmental Protection Agency (EPA), by failing to approve, disapprove, or promulgate lead plans for 29 states and portions of two others, missing by more than two years the deadlines for such actions, had failed to carry out its duties under the Act. Plaintiffs agree to drop, without prejudice, their claim concerning promulgation of a list of lead nonattainment areas. The parties agree that, for state plans submitted before March 1, 1983, EPA will publish final approvals or proposed disapprovals by November 1, 1983; that final disapprovals will be published by May 1, 1984; and that, where necessary, EPA will promulgate plans by October 1, 1984. The agreement provides for the court to set a schedule for action on any plans not completed by October 1, 1984. The parties agree that states with potential lead pollution problems that have not submitted lead plans must do so by August 1, 1984, and that EPA will act on such plans and, where necessary, promulgate federal plans by October 1, 1984, with similar provision for the court to schedule action on any such plans not promulgated by that deadline. For states that the agency determines do not have major potential lead pollution problems, the agreement provides a longer period for development of lead implementation plans.

In addition, the parties agree that the court will retain jurisdiction through the date of final action on lead plans for all states without approved plans, and that EPA will submit quarterly progress reports on compliance with the agreement.

Counsel for Plaintiffs
Eric A. Goldstein
Natural Resources Defense Council, Inc.
122 E. 42d St., New York NY 10168
(212) 949-0049

Ronald J. Wilson
810 18th St. NW, Suite 804, Washington DC 20006
(202) 628-3160

Counsel for Defendants
A. James Barnes, Acting General Counsel
Environmental Protection Agency, Washington DC 20460
(202) 382-4134

F. Henry Habicht II, Acting Ass't Attorney General
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-4195